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A petitioner is eligible to refile their rejected petition as long as it is refiled within the designated 90-day filing window. 2) Should i continue to insist the consultants who filed my h1b earlier to share with me the reason for denial for my future reference? I have scanned soft copies. If your B1/B2 visa was denied with 214B visa refusal, then you should write:214B refusal. Basically, this is something that your employer would apply with USCIS for working in US before you go for stamping and it is mandatory for stamping. Or I cancel and get an interview for us. 1)Will his H1b transfer approves or will it get rejected as desi consultancy paystubs are not produced for transfer? You need to be applying for Visa Stamping in your country of Nationality or Residence. I dont have the CPT I-20 on which I worked briefly. Third-Party Work-Site 4.4. Your H1B petition was denied by USCIS in 2008. Below is the original old Dropbox appointment confirmation that used to appear from January 2022 until October 2022. Not necessary, but good to have, How r u, please advice? Regards, Kumar, Hi, Could you please let me know what steps did you follow after 212a6c1. So you suggest not to resign. Some of the reasons in 2020, 2021, and 2022 for delays: Considering all the above and the contributions of non-immigrant work visa holders, the US Department of State has made a significant decision to waive in-person visa interviews for certain types of temporary work visa holders, students, and a few other visa types. Divya, It should not impact. See the below screenshot confirming the same. -I am not sure what exactly happened with my original petitioner and why my stamped visa got revoke.But OF-194 Refusal worksheet says There is no Qualifying employment for the beneficiary.My visa was revoked in a months time post successful stamping. Now I want to go back to US as my Spouses dependent (He is in US on a valid H1 visa). If your FY 2021 petition was rejected or administratively closed solely because your petition was . What will happen to my undergoing H1 review in case I m quitting my Employer and going back on H4. JJ, When you answer the questions, it will ask about the most recent visa issuance. I can goto the dropbox appointment as scheduled. If you try to intentionally hide your previous visa denials from the US embassy, you are asking for trouble yourself.Your each visa application is stored and the visa officer has access to all your prior interviews and DS160 details. It doesn't mean that your application has been rejected, but simply that some documents are missing from it, and they're needed to determine your eligibility. Traveling with F1/EAD/OPT when H1B is approved? - Avvo.com The main takeaway is that a visa rejection of a new H-1B approval may not require an employer to file in the lottery again. A common question asked while filling DS 160 form is the question: Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry? H1B Visa Approval - Steps After H1B Visa Approval - BankBazaar You can start applying starting Apr 1, 2021. So my question is it is waiver for my-self and my dependents too. Ive approved H1B petition dated 2009 sponsored by consulting firm in US and now i want to go for stamping and work there, 1. please advice if its k to go for stamping after holding approval since 2009 and working here all this while 2. i have an offer letter from my employer, no paystubb as i never worked in US 3.what can i say if VO ask me why i didnt work in US even after having approved petition 4. do i have to resign from my present comp in India before going for stamping 5.do i have to carry employment related doc, paystubb from my comp in India, please help with valuable advice in this case Appreciate your help SV, SV, 1. If my Employer is withdrawing my case or petition after I resign, will my petition still be valid/Cap exempt to reuse in future. On December 23rd, 2022, they announced their plans to continue this 48-month dropbox rule, until further notice. Apurva, How was it applied in Feb 2012 when the quota was still not open? However, I am not sure what the downstream impact would be. James, When you say COS petition is denied, do you mean H-1 petition approved but COS denied, or H-1 petition + COS denied? Most family-based immigrants file the DS-260 form at the US embassy located outside of the US, after getting their i130 petition approval. I read the interview waiver should apply at the time of document submission but in my sons case, it would not be because of him turning 14. May I suggest calling me Saurabh and not Saurav. My kids are 15 and 18 years old Like mentioned above we got the dop box appointment but I am worried will my kids qualify for that so I wrote to the help desk and they replied to proceed with the scheduled appointment. You should review all of this information after each H-1B approval. Hardik, 221g means visa refusal. US H1B visa denial rates hit record low | Workpermit.com I am yet to receive the notice. If you answer yes to this question, then you will get subsequent typical dropbox questions asking about annotations like Clearance Received or Department Authorization, and other questions. thinking its a major firm at max . Have you got any feedback from USCIS after petition returned to USCIS for review? Hi, Has anyone recently transitioned from F1 visa to H1-B visa, and was able to get an interview waiver for their first time H1-B stamping. So I joined languagec school to study and maintain my statutes. I would be grateful. We use the information provided during the electronic registration process to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas (commonly known as the "regular cap") or the advanced degree exemption. After petitioning for an H1B visa, if the petition is selected in the lottery, the petition receipt number and receipt notice from the USCIS will be forwarded by the employer to the applicant. Can it be possible now to change and correct the visa, what are the possibilites. US Dept of State is extending the previously approved policy to waive the visa interview for certain students, professors, research scholars, other specialists who apply for F (F1, F2), M, and academic J visas if they meet all of the below criteria: These details were issued earlier this year 2021 and are not available on the US Dept of State website now. My question is, will i be eligible for h1b dropbox now, since I didnt have h1b refusal or since i have B1/B2 refusal, I won;t be eligible ? FirstTime Stamper, Usually no, unless there was fraud. December 28th, 2021: Below are the latest update on the implementation of the new interview waiver rule : December 23rd, 2021: This is up to the US Consulates and Embassies on how they will implement this new interview waiver rule. I was selected in H1B 2015 Lottery and my petition was approved and I also got stamped in Feb 2016.Later my sponsor got in to some legal trouble and the consulate Revoked my Visa and logged my Status in Admin Processing. Not sure, if they will consider though Plan for backups and see if you can ship medication to India. I yet to apply for h4 visa please let me know if my current issue of 221g for h 1 visa will affect if i apply for h4 visa. 1. Fees, Lottery Order? How to Appeal a Denial of an H1B Visa Petition - H1B Help Based upon the documents and information you have, you will have to determine who has a better chance. Want to know whether I can travel to US on B1 during this processing time, where i am currently holding B1 visa. They can find out the old denial in a minute.Giving false information on the DS160 application will affect your current visa application negatively. after these he gave me a visa refusal letter. H1B petition vs Visa denial. Since I have not received any letter from consulate stating about my visa denial, what should I answer in DS160 about the question of previous Visa denial? If the last expired visa has CWOP stamp on it does that make us ineligible for dropbox appointment for the new visa? Even though the situation of COVID has changed in 2022, the shortage of staff is still causing long delays at US Consulates across the globe. The H1B visa stamp can only be applied if you have an approved H1B petition from USCIS. I am in a similar situation. I am in dilemma and not able to decide who is right and who is wrong.Even I am not able to accept my new employers decision to wait for petition revoke;instead they should have filed transfer immediately in premium.Bit than I am not immigration expert and attorneys know better. Sometimes, even if USCIS approves a project, the consulate may not approve the visa wherever the consulate finds insufficiency. U.S. This can be submitted in the form of a brief. I have below questions. First, the officer that made the original denial will review your record. Sample 2: US Visa Stamping Decision Letter for 221g after Document Submission. I do meet all the conditions. I appreciate your help. Share sensitive information only on official, secure websites. Shouldnt I be knowing the reason for denial of previous petitions , to add in the details of petition in DS 160, and also for the Visa interview? Save my name, email, and website in this browser for the next time I comment. 1. Stage 3: Going through the Non-immigrant Visa Application process with the Department of Homeland Security. And the consular ask her the last question and the question was about me if im her son? If not, whats the way to become eligible for this? You should have never been refused a US Visa at Visa Stamping. You need to have a petition approved by US Citizenship and Immigration Services(USCIS). My new H1b was denied after RFE, reasons not known yet. U.S. 3. I am also in same boat so please give me your valuable reply. Can I expect H4 visa denial based on my previous denial. So, it is a tricky situation. Save my name, email, and website in this browser for the next time I comment. Ashish, In general, yes it is needed. US Visa Interview Waived for certain H1B, L1, H4: GUIDE, Background US Consulates Limited Operations, Visa Slots Issues, US Visa Interview Waived for certain H1B, H4, L1, Other Work Visas, Interview Waivers for certain F, M, J visa Applicants. But I got 221g with White slip, it denotes additional Administrative processing. Technically, USCIS will review the file and then issue a Notice of Intent to Revoke(NOIR) and then the employer has to respond. The petition got approved and I received I797 & I94 valid till Nov. 2015. Hi kumar I am eligible for visa waiver as I got h1b as.COS w.e.f march22 from F1 visa. H-1B Visa Stamping | Process, Documents, and Rejection [2023] - VisaNation Hi I went to embassy on 7th Feb as a group of 11 people and we have to be at a conference in US on 15th feb and my planned flight is on 14feb and all of my group mates got approval and got their passports with visa stamped today except me. Thanks in advance. Sample H1b Approval i797a form While filling DS160, you are applying for a visa stamp in your passport. Sample 3: H1B Denial/ Refusal Decision Letter for 221g after Document Submission. 2. Can I go with this approved petition with another employer or I can go only with this Employer. The findings, published by the National Foundation for American Policy (NFAP) - a policy research organization based in Arlington - revealed that the H1B visa rejection rate had dropped to an impressive 4%. Nora, There is no minimum wait time. US visa officer has details of all your previous applications and they can see both denial and approval in past. It is similar to general dropbox confirmation. I need to apply for my H4 visa stamping. In Oct 2021, I had the F1 to H1B Change of Status. See below screenshot from US Embassy website. No need to worry if the visa was not revoked due to fraud or misrepresentation. So is he true?? I previously applied for B1/B2 in 2018 and it was refused and after 3 months, I again applied B1/B2 and it was approved and I travelled to USA. It is always best to sit back and assess the next steps and possible routes to take after a consulate visa rejection before thinking all is lost. U.S. You visited the USA multiple times using a B1/B2 visa. A 10-digit barcode will appear on the confirmation form. I went to USA on student visa then I converted to H1B. Evidence of Petition Approval Needed When Traveling. In the past, when we had the 48-month dropbox rule that was announced, it took about a week for the USTravelDocs ( CGI Federal System) to be updated to reflect the announcement. Sample 1: H1B Visa Denial Letter after submitting documents after 221g. I am not so sure as USCIS has revoked the petition on the basis of consulates guidance, which implies that petition should never have been approved in first place. USCIS has still not received my petition and there is no change in my status(Petition still shows as Approved). How Long It Takes to Get an H-1B Visa Petition Approved | Nolo On June 17, 2020, USCIS issued Policy Memorandum 602-0114 (PDF, 379.71 KB), which officially rescinded two prior policy memoranda: On Feb. 3, 2021, USCIS issued Policy Memorandum 602-0142.1 (PDF, 290.6 KB), which officially rescinded: Both Policy Memorandum 602-0114 and Policy Memorandum 602-0142.1 state that they apply to any pending or new [H-1B Petitions], including motions on and appeals of revocations and denials of H-1B classification.. 2. Then here are some of the Mismatched Information on VIBE System Since I applied on feb Some people say 3 months , some others 6 months , Im really. This approval notice is required to be shown at the US embassy along with your DS160 form to get a visa stamp. If you want to appeal a H1B visa petition and have questions about the process, please contact us at any time. Below is a case that is from the US consulate in New Delhi. A .gov website belongs to an official government organization in the United States. We want to travel to India now for Visa stamping extension -will my daughter qualify for interview waiver or she has to attend in person interview & biometrics. so should I transfer it without waiting for result of my case or not? is there any chances of getting RFE ? : When you make the motion to the original office, you can also appeal directly to the AAO or BIA. the visa officer only looked at my invitation letter and and asked few question 1, how long have u been working with this company? You applied for a B1/B2 visa in 2009 and got approval for 10 years. Just wanted to share my experience with H1B Transfer rejection, this applies to extensions as well. My client has been telling me its not required as we are working remotely. The visa application process for every job shop and change is challenging, and having to go through it more than once is something you want to avoid. Many attorneys says, petition will be cap exempt as long as I have a I797 copy with me. Is it mandatory to attend the interview in person or they are eligible under new waiver program. Your email address will not be published. Which means She is eligible for waiver according to the new rule. Can anyone please tell me the Process for applying H1B & expenses approx . Try the questionnaire, you will get clarity. In the below case, all the documents were submitted after H1B Visa interview and then after a couple of months, the user was given the below. It is important to note that premium processing cannot begin unless and until the petition has . I stayed everyday by checking my status on the website of the US consular and every day was the same status : Admin proces after 21 days The status changed from Admin process to Refusal or Refused i dont remember yet. From Petitioner perspective, does it required to do any followup on this to get this done quickly? This screen changed and looks like in above screenshot. Hi Saurabh, My h1b was approved in USand I came to INDIA for stamping, and I have got one later from officer, and mention it your application has been refused under section 221(g). Did you file new H1 ? FirstTime, You should be eligible for dropbox, if you meet all other conditions. My new employer told me to keep checking my status at USCIS website and when it changes to Revoke let us know and we will file your papers. If the H-1B is considered counted against the cap and approved there is some possibility that another subsequent H-1B petition can be filed to correct any errors that caused the H-1B visa denial in the first place. Thanks in advance. Additionally, USCIS recently extended through March 31, 2021, COVID-19 related accommodations that affect the deadlines for filing motions and appeals. A company approached me thinking that they had to file their employees H-1B in the new H-1B lottery, again, after their employees visa petition was approved with USCIS but rejected at the consulate. Thanks for your input. 3. There are no issues reported as such by our user community from the beginning of the year until November 2022. What happened in their case was that the H-1B project was approved, but actual visa rejected after receiving a 221(g). On 28 augest 2019 , i reapplyed for a second time for US visa B2. Is it required that both parents stamping should be done before kids stamping ? Most times they just call you ask you few more questions and also to mail few docs and the case gets resolved and you may get stamped passport,If not they follow a general process which lasts between 1-3 months and they take decision based on their Investigations. You can check the below screenshot or Archive.org for the actual info. An appeal to the AAO may be based solely on the original petition and documentation, showing that it was within the H1B visa guidelines and rules. I have couple of questions, could you please clarify this january 2104 i have attended h1b interview in hyderabad i got a white slip visa officer asked me to submit client letter, when i approached my employer he is saying now the client is not CIO has changed now they not ready to give client letter, in this case how would i go further. After few months when I tried enquiring about my case, I got to know, my visa has been denied n petition is sent to USCIS for review on January 4, 2016. On February 17, 2016, the Department of State sent us your case, for review. Appeal H1B Denial, Refile or Court Case? Talk to your attorney about the risk involved. Equally as common, is that the H-1B employee was simply not prepped enough to present their case at the visa interview and be ready for specific questions that the consulate officer asked them. Below is how it works in the CGI Federal website booking system. Your Petitioner does not appear to be either able or willing to provide Qualifying employment in United states in accordance with appropriate laws and regulations. If your i130 is denied, then it does not mean that your visa has been denied. If they do not reopen the petition, they will forward it to AAO or BIA. if so, will H1 transfer will get approved? H1B Lottery: The H-1B FY 2022 Cap Lottery - The Economic Times They may you to file H-1 amendment before proceeding w/ your 221g processing. I am wondering if it will get approved though as your last approval was revoked by consular officer. This holds true whether an H1B petition has been filed or not been filed. They said it had been done but now I see an old wrong petition number. Or should I visit the embassy with her documents and photographs of her ? Step Two: When you make the motion to the original office, you can also appeal directly to the AAO or BIA. 3. In addition, USCIS has the discretionary authority to accept and consider untimely motions under certain circumstances as explained in the form instructions and permitted by regulation. I got a internall project with employer and they are asking to submit the project letter of the new project for the 221(g) query requesting for the new project. USCIS will generally process motions based on filing order, and consistent with current policy guidance. Checking on status For 10 days it shows the status Applicaiton Received. Section 212(a)(6)(c)(1) Which provides that an alien who seeks to procure, or has sought to procure, or has procured a visa, other documentation, or entry into the United States or other benefit provided under the INA by fraud or willfully misrepresenting a material fact at any time shall be ineligible for a visa. They can send the petition back to USCIS for reconsideration or revocation. Note:-My current approved I-797 validity expired by sep/2016. US Visa Interview Waived for certain H1B, L1, H4: GUIDE - RedBus2US Will there be any complications if my current employer do the COS(an US company) as the case is still pending with USCIS. Most Common Reasons for H1B Denial - Herman Legal Group How does Interview Waiver Work in CGI Federal System ? Even if you withdraw your 221g case, and appear for stamping in CA, they may still issue 221g for same/similar reasons. Maintenance of Status 4.5. If it was revoked by consular officer for fraud then you should expect a NOID during your H1 transfer. So you should always go to your home country unless you have done Masters in US. As a back-up plan, you can give your apartment keys etc to a friend who can take care of it while you are out. This resulted in the H-1B employee being stuck abroad for about eight months not being able to start their project. If you do answer something wrong, you are misrepresenting your info and that is considered fraud. I went for stamping in 2018. The consular say to us: have a good travel And we have to paid the fees of US VISA , and we paied it , when we paied it they told us to come on 3 days to take our passport. Visa denial question in DS form refers to visa stamping denial, which has already happened in your case. Issuance of 221g is considered refusal and so the answer should be Yes in DS form. Can you please comment whether your visa was approved or rejected that time. Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission. Make sure you do not overstay and leave US timely. This is one good reason not to tell your current employer about plans to take a new job and transfer the H1B visa. On paper, this is considered a refusal. I got a 221(g) slip from from chennai consulate, we submitted the documents to the consulate and they gave me additional 221(G) for asking for some more document unfortunately i got released from the project and my employer is ready to submit documents with new project since i got released from the old project. So my employer filed H1B amendment for me with new client and I got approval. If that is the case then you should be fine. It may or may not help everyone, but does make the situation better for a few of them, who are eligible. However, if a new employer is filing cap-exempt H-1 (like H-1 transfer or H-1 extension) for you along w/ COS, then PP option is available. 2)if by the time, RFE my friend can produce Kforce consultancy payslips to answer RFE? Might be they are hesitating getting involved in any case that has 221g history and OF-194 Issuance?.Or might be my case seems to be more complicated since I am currently In india and they dint want to file transfer until previous case gets revoked/withdrawn?. There is no official update from US Consulates or Embassies on how this would be implement yet . I had a valid approved visa 12 years back, do I get eligible for an interview waiver? My COS petition of h4-h1b (2014) has been denied after RFE. H-1B Visa Denial | 2023 Rejection Rate, Reasons, Appeal Process If your H1B extension, amendment, or transfer was denied by USCIS, then you need to answer No to this DS 160 question. Also, they extended the 48 months US Visa dropbox eligibility rule. Passport has not yet been received What do I do? 4. if it was successful, you would be eligible. My expired visa petition had no issues. It is ok not to have payslips from US in this case. There are no apparent ineligibility or potential ineligibility aspects on the application ( This is not clearly defined by them). As per the below letter, based on the documents that the applicant submitted for their H1B, they believe that the employer in the US is not able to justify that there is a real job for the applicant. This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. He ask me again do you have kids? US Consulates could not open appointments for in-person visa stamping for many applicants due to the social distancing requirements for applicants due to COVID. Now he got new offer with Kforce consulting firm and so he started H1B transfer with Kforce. Will i be able to file an amendment once i get a project or do i have to file under the new quota? If I go for stamping now will I get extended till August 2022 or August 2023? to India. If you are part of the Visa Waiver Program countries, you need to meet the below conditions. As part of the ds-160 form filling, you should answer YES to the question have you ever refused us a visa. If i travel to US with h4 visa change my COS to H1 do i have to travel back to india for stamping. what was your outcome, please share. Also I never received any denial mail from Consulate. - USTravelDocs.com FAQs What are the Top Reasons for H-1B Visa Denial? But, as you are in the US, you can send a copy of your expired US Visa stamp and valid I-94 that should work. I previously had F1 visa. Got 221g on 6th December 2016. Now this year 2022 my H1b is petition approved. Hi, My H1b was picked in 2017 and got I747 approval notice on Oct 2017. Can anyone advise how long it will take to change the status. You can go for stamping if the H-1 employer is still willing to hire you. The drop represents a significant rise in H1B visa approval rates. H-1B Transfer Denied: Top Rejection Reasons and Alternatives - VisaNation Share your thoughts in comments below. When can you Apply for H1B Visa Stamping after Petition Approval? During interview i got a green slip of 221(g) on which officer wrote Respond to email and he asked me that he needs some more information and wrote my email address on a paper but i didnt get any email by now and I dont know what to do i had to leave before 15th Feb or else this visa is of no use to me. 3 attorney answers. But what if the consulate will question about my intention to work after entering US. There was the end for my interview the consular watch me on my eyes and tell me, that i have to email them about this all information asked on this paper and he gived me my passport: The paper was that im refused on 221(g) and i have to send this information asked on the paper to them by an email. This was originally supposed to end on December 31, 2021. 3 Reasons Why Your L1 Visa Could Get Rejected - VisaPlace Step One: Make a motion for reconsideration with the office that made the original decision.